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COLUMBIA FALLS ALUMINUM CO. v. E.P.A.

Nos. 96-1234, 97-1044, 97-1558 and 97-1724.

139 F.3d 914 (1998)

COLUMBIA FALLS ALUMINUM COMPANY, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, Respondents, Reynolds Metals Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 1998.

Rehearing Denied June 17, 1998.

Attorney(s) appearing for the Case

Lester Sotsky argued the cause for petitioners. With him on the briefs was Jonathan S. Martel, Washington, DC. Andrew S. Ratzkin, New York City, entered an appearance.

Steven E. Silverman, Attorney, Environmental Protection Agency, argued the cause for respondents. With him on the brief were Lois J. Schiffer, Assistant Attorney General, U.S. Department of Justice, and Daniel R. Dertke, Washington, DC, Attorney.

Michael W. Steinberg argued the cause for intervenors Reynolds Metals Company, et al. With him on the brief were Joshua D. Sarnoff, Washington, DC, Loren R. Dunn, Seattle, WA, and David R. Case, Washington, DC. Lowell F. Martin and Michael A. McCord, Washington, DC, entered appearances.

Before: GINSBURG, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These consolidated petitions, brought by small manufacturers of aluminum, challenge three rules of the Environmental Protection Agency, promulgated pursuant to § 3004 of the Resource Conservation and Recovery Act of 1976 ("RCRA"), Pub.L. No. 94-580, 90 Stat. 2795. The rules establish a treatment standard for "spent potliner" — a byproduct of primary aluminum reduction...

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